Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally, these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; and courts in both common law and civil law systems would leave it to the legislature to introduce corrective legislation. In practice, however, both common law and civil law courts in Asia have devised novel constitutional remedies, often in the absence of explicit constitutional or statutory authorisation. Examining cases from Hong Kong, Bangladesh, Indonesia, India, and the Philippines, this collection of essays examines four novel constitutional remedies which have been judicially adopted - Prospective Invalidation, Suspension Order, Remedial Interpretation, and Judicial Directive - that blurs the distinction between adjudication and legislation.
Formatted Contents Note
Cover; Half Title; Series Page; Title Page; Copyright Page; Contents; Acknowledgements; Author biographies; 1 Constitutional remedies in Asia: an overview; PART I: Prospective invalidation; 2 Back to the future: on prospective invalidation in the Indonesian Constitutional Court; 3 Bangladesh's inconsistency with the doctrine of prospective invalidation; PART II: Suspension order; 4 Sunsetting suspension orders in Hong Kong; 5 Pragmatism and the use of suspension orders by Indonesia's Constitutional Court; PART III: Remedial interpretation 6 Conditional constitutionality and conditional unconstitutionality in Indonesia7 An alternative to annulment - remedial interpretation in Hong Kong; PART IV: Judicial directive; 8 Structural injunctions and public interest litigation in India; 9 Dissecting quasi-legislative judicial directives of the Supreme Court of Bangladesh; 10 Integrated diversity: a pluralist argument for the Philippine Writ of Continuing Mandamus; Index
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